Supreme Court case information

Civil Appeal

A Leave to appeal is granted (Attorney-General v Putua [2024] NZCA 67).
B The approved question is whether the Court of Appeal was correct to allow the appeal.
1 August 2024

Civil Appeal

A The application for leave to appeal by Ms Fleming is granted in part to the extent described below (Attorney-General v Fleming [2024] NZCA 92).
B The approved questions are whether the Court of Appeal was correct:
(i) to determine that Ms Fleming was not “engaged, employed or contracted” by the Ministry of Health | Manatū Hauora as a “homeworker” under s 5 of the Employment Relations Act 2000; and
(ii) as to the test for “work” when work is conducted by homeworkers who work overnight in their home.
C The application for leave to appeal by Mr Humphreys is granted (Attorney-General v Fleming [2024] NZCA 92).
D The approved question is whether the Court of Appeal was correct to determine that Mr Humphreys was not “engaged, employed or contracted” by the Ministry of Health | Manatū Hauora as a “homeworker” under s 5 of the Employment Relations Act 2000 for the period from August 2020 onwards when in receipt of funding under the Individualised Funding scheme.
E Counsel in both appeals are asked to address the matters set out at [1]–[2] below.
4 October 2024
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A Ms Fleming’s appeal (SC 42/2024) is allowed. 
B The Employment Court declaration as to Ms Fleming’s  employee status is reinstated.
C The question of determination of the quantum of remedies  for Ms Fleming is remitted to the Employment Court.
D Mr Humphreys’ appeal (SC 44/2024) is allowed. 
E The Employment Court declaration as to Mr Humphreys’  employee status is reinstated.
F The first respondent must pay the appellant in SC 44/2024 costs of $50,000 plus usual disbursements. We allow for second counsel.
G Subject to Order F, costs in SC 42/2024 and SC 44/2024 are otherwise reserved. If parties cannot agree on costs, counsel are to file memoranda (maximum of 5 pages) on costs; counsel for Ms Fleming by 5 February 2026 and each of the respondents by 19 February 2026.
9 December 2025

Civil Appeal

A The application for leave to appeal by Ms Fleming is granted in part to the extent described below (Attorney-General v Fleming [2024] NZCA 92).
B The approved questions are whether the Court of Appeal was correct:
(i) to determine that Ms Fleming was not “engaged, employed or contracted” by the Ministry of Health | Manatū Hauora as a “homeworker” under s 5 of the Employment Relations Act 2000; and
(ii) as to the test for “work” when work is conducted by homeworkers who work overnight in their home.
C The application for leave to appeal by Mr Humphreys is granted (Attorney-General v Fleming [2024] NZCA 92).
D The approved question is whether the Court of Appeal was correct to determine that Mr Humphreys was not “engaged, employed or contracted” by the Ministry of Health | Manatū Hauora as a “homeworker” under s 5 of the Employment Relations Act 2000 for the period from August 2020 onwards when in receipt of funding under the Individualised Funding scheme.
E Counsel in both appeals are asked to address the matters set out at [1]–[2] below.
4 October 2024
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A Ms Fleming’s appeal (SC 42/2024) is allowed. 
B The Employment Court declaration as to Ms Fleming’s  employee status is reinstated.
C The question of determination of the quantum of remedies  for Ms Fleming is remitted to the Employment Court.
D Mr Humphreys’ appeal (SC 44/2024) is allowed. 
E The Employment Court declaration as to Mr Humphreys’  employee status is reinstated.
F The first respondent must pay the appellant in SC 44/2024 costs of $50,000 plus usual disbursements. We allow for second counsel.
G Subject to Order F, costs in SC 42/2024 and SC 44/2024 are otherwise reserved. If parties cannot agree on costs, counsel are to file memoranda (maximum of 5 pages) on costs; counsel for Ms Fleming by 5 February 2026 and each of the respondents by 19 February 2026.
9 December 2025

Criminal Appeal

A Leave to appeal is granted (Tamati v R [2024] NZCA 113).
B The approved questions are as follows:
(a) whether errors by trial counsel may have occasioned a miscarriage of justice; and
(b) whether in the circumstances a reliability warning was required.
2 August 2024
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The appeal is dismissed.                                                                                                                                          
03 July 2025

Civil Appeal 

A Leave to appeal is granted (Students for Climate Solutions Inc v Minister of Energy and Resources [2024] NZCA 152, [2024] 2 NZLR 822).
B The approved question is whether the Court of Appeal was correct to dismiss the appeal.
24 February 2025
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Civil Appeal

A Leave to appeal is granted (Zhou v Lassnig [2024] NZCA 177).
B The approved question is whether the Court of Appeal was correct in its analysis under s 182 of the Family Proceedings Act 1980.
17 September 2024
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A The appeal is dismissed. The orders made by the Court of Appeal as to the resettlement of the Trust stand.
B The appellant must pay the first respondent costs of $30,000 plus usual disbursements. We allow for second counsel.
15 September 2025

Criminal Appeal 

A The application for leave to appeal is granted.
B The approved question is whether the Court of Appeal was correct to dismiss the appeal.
5 March 2026

Criminal Appeal

A Leave to appeal is granted (Tamihere v R [2024] NZCA 300).
B The approved question is whether the Court of Appeal was correct not to exercise its jurisdiction under s 406(1)(a) of the Crimes Act 1961 to quash Mr Tamihere’s convictions.
20 December 2024
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A The application to adduce further evidence is dismissed.
B The appeal is allowed.
C We exercise the Court’s jurisdiction under s 406(1)(a) of the Crimes Act 1961 to quash Mr Tamihere’s convictions. We make an order directing a retrial.
D Order redacting paragraphs [49]–[61], [79]–[120], [147]– [161], [163]–[164] and [167]–[170] from the judgment delivered on 31 March 2026.
E Order prohibiting publication of the unredacted version of the judgment pending final disposition of retrial.     
31 March 2026